K.M.P.Murugesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.M.P.Murugesan ..

Petitioner Vs.

1. The District Collector Collectorate Erode - 638 011 Erode District.

2. The Revenue Divisional Officer Gobichettipalayam Erode District.

3. The Revenue Tahsildar Anthiyur Taluk Erode District.

4. The Joint Commissioner Hindu Religious & Charitable Endowment Department Coimbatore 641 018.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 to remove the entire encroachments in the temple lands measuring 0.69.5 Hectare in S.F.No.167, 0.58.5 Hectare in S.F.No.174 and cremation/burial ground measuring 0.48.0 Hectare in S.F.No.134, Kuppandapalayam Village, Anthiyur Taluk, Erode District by considering my representation dated 30.01.2023 and 22.03.2023. For the Petitioner : Mr.N.Manoharan For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3 Mr.N.R.R.Arun Natarajan Special Government Pleader for Respondent-4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Manokaran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the

respondents 1 to 3 and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for the fourth respondent.

2. Learned counsel for the petitioner submits that the property bearing S.No.134 is a temple property and is being used for cremation. So also, there are encroachments made.

3. As far as S.Nos.167 and 174 are concerned, learned Special Government Pleader submits that some encroachment is found and legal process under Section 78 of Hindu Religious and Charitable Endowment Act is resorted to.

4. In view of that, we are not inclined to pass any further orders in the matter. It is for the authority to take steps in accordance with law and by following the principles of natural justice.

5. As regards burial ground, the petitioner may approach the authority concerned. On receipt of any such application, the authority concerned may consider it on its own merits.

6. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 24.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Collectorate Erode - 638 011 Erode District.

2. The Revenue Divisional Officer Gobichettipalayam Erode District.

3. The Revenue Tahsildar Anthiyur Taluk Erode District.

4. The Joint Commissioner Hindu Religious & Charitable Endowment Department Coimbatore 641 018.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 24.07.2023